Ohio House Joint Resolution 4 (2015)
| Ohio House Joint Resolution 4 | |
 | |
| Legislature: | Ohio State Legislature |
| Text: | HRJ 4 |
| Sponsor(s): | Rep. Ryan Smith (R-93), Rep. Michael F. Curtin (D-17) and Tim Brown |
| Legislative history | |
| Introduced: | June 16, 2015 |
| State house: | June 24, 2015 |
| State senate: | July 1, 2015 |
| Governor: | Gov. John Kasich (R) |
| Signed: | NA |
| Legal environment | |
| State law: | Initiatives |
| Code: | Ohio Constitution |
| Section: | Article II, Section 1 |
Ohio House Joint Resolution 4, which concerned initiatives seen to institute a monopoly, was introduced by Rep. Ryan Smith (R-93) and Rep. Michael F. Curtin (D-17) on June 16, 2015. It was approved in the Ohio House of Representatives on June 24, 2015. In the Ohio State Senate, the bill was approved on July 1, 2015. HJR 4 was designed to put Issue 2 on the ballot for Ohio voters on November 3, 2015. Voters approved Issue 2. Without voter approval of Issue 2, HJR 4 would not have taken effect.[1]
Lawmakers crafted the amendment in response to the Marijuana Legalization Initiative, Issue 3, which was designed to create 10 facilities with exclusive rights to commercially grow cannabis.[2]
Issue 2 would have invalidated Issue 3, if the marijuana legalization initiative had been approved.
For more details see Ballotpedia's pages on Issue 2 and Issue 3.
Provisions
Under Issue 2, the Ohio Ballot Board regulates initiatives concerning monopolies.
If the board decides an initiative certified for the ballot creates an economic monopoly or special privilege for any nonpublic entity, including individuals, corporations and organizations, then two questions must appear on the ballot for that initiative.
The first question must ask, "Shall the petitioner, in violation of division (B)(1) of Section 1e of Article II of the Ohio Constitution, be authorized to initiate a constitutional amendment that grants or creates a monopoly, oligopoly, or cartel, specifies or determines a tax rate, or confers a commercial interest, commercial right, or commercial license that is not available to other similarly situated persons?" The second question must provide a summary of the proposed initiative and asks voters if they wish to approve it. Both questions must receive majority approval for the initiative to be enacted.
Approval in the legislature
The Ohio State Senate voted 20 to 9 in favor of the measure on June 30, 2015. The vote was split down party lines, with Republicans voting for the measure and Democrats against. The Ohio House of Representatives took up the measure on the same day and referred the amendment to the ballot with a vote of 72-15.[3]
Senate vote
June 30, 2015, Senate vote
| Ohio HJR 4 Senate Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
 Yes | 20 | 68.97% | ||
| No | 9 | 31.03% | ||
| Partisan breakdown of Senate votes | ||||
|---|---|---|---|---|
| Party Affiliation | Yes | No | Excused/Absent | Total |
| Democrat | 0 | 9 | 1 | 10 |
| Republican | 20 | 0 | 3 | 23 |
| Total | 20 | 9 | 4 | 33 |
House vote
June 30, 2015, House vote
| Ohio HJR 4 House Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 72 | 82.76% | ||
| No | 15 | 17.24% | ||
| Partisan breakdown of House votes | ||||
|---|---|---|---|---|
| Party Affiliation | Yes | No | Excused/Absent | Total |
| Democrat | 14 | 15 | 5 | 34 |
| Republican | 58 | 0 | 7 | 65 |
| Total | 72 | 15 | 12 | 99 |
| Voting on Marijuana | |||
|---|---|---|---|
| |||
| Ballot Measures | |||
| By state | |||
| By year | |||
| Not on ballot | |||
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Election results
| Ohio Issue 2 | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 1621329 | 51.33% | ||
| No | 1537261 | 48.67% | ||
Election results via: Ohio Secretary of State
Supporters and sponsors
For details about those who supported this bill and the arguments in favor of it, see Ballotpedia's page on Issue 2.
Opposition
For details about those who opposed this bill and the arguments against it, see Ballotpedia's page on Issue 2.
See also
Footnotes
- ↑ Open States, "House Joint Resolution 4 (2015)," accessed December 21, 2015
- ↑ The Plain Dealer, "Lawmakers propose constitutional amendment that could block marijuana legalization effort," June 16, 2015
- ↑ The Plain Dealer, "Anti-monopoly amendment targeted at marijuana legalization effort heads to ballot," July 1, 2015
